AGENDA PLANNING BOARD JANUARY 13, 2020 AGENDA ITEM #5C NEW APPLICATIONS - COMPLETENESS REVIEW & PUBLIC HEARINGS MASCOMA LAKE FARM, LLC, 571 DARTMOUTH COLLEGE HIGHWAY (Tax Map 56, Lot 3), zoned RL-1, RL-2 and RL-3 PB2019-27-MIN ICnY OF LEBANON ~ PIANNING & DEVELOPMENT I PLANNING BOARD January 13, 2020 Meeting Staff Memorandum - #PB2019-27-MIN APPLICATION INFORMATION HEARING NOTICE Agenda Item: 5.C MASCOMA LAKE FARM, LLC, 571 DARTMOUTH COLLEGE HIGHWAY (Tax Map 56, Lot 3) , zoned RL-1, RL-2 and RL-3: Request Application ID#: for a proposed 3-lot Minor Subdivision. #PB2019-27-MIN #PB2019-27-MIN PLANS AND APPLICATION MATERIALS Application Type: Minor Subdivision ► Application form (1 page) ► Letter dated October 15, 2019 from Daniel A. Nash, PE, Advanced Property Location & Tax Map: Geomatics & Design (1 page; project description) 571 Dartmouth College Highway ► Subdivision Regulations - Technical Checklist (3 pages) (Tax Map 56, Lot 3) ► Plan titled "Subdivision Survey in Lebanon, Grafton County, New Hampshire for Mascoma Lake Farm , LLC", prepared by Rose Land Property Owner/Applicant: Surveying, dated April 28, 2012, last revised December 3, 2019, Mascoma Lake Farm, LLC Drawing No. 11024-SU4 Zoning District(s): COMPLETENESS REVIEW Rural Lands One (RL-1 ), Rural Lands Two (RL-2), & This application has been reviewed in accordance with the Lebanon Rural Lands Three (RL-3) Subdivision Regulations. As noted below, required wetlands and soil testing information was not included with the applicant's materials. Property Sizes (existing): Provided the required information and/or an Application for Waivers is +/-96.09 acres (per proposed submitted prior to the scheduled hearing, the Planning & Development boundary line adjustment, Agenda Department recommends that the Board find that the application is Item #5.B, #PB2019-30-BLA) complete enough to accept jurisdiction and to commence review. Over/av District(s): APPLICATION OVERVIEW Wetlands Conservation District The subject property is currently a +/-96.32 acre parcel owned by the applicant, and is split-zoned Rural Lands One (RL-1) District, Rural Lands Two (RL-2) District, and Rural Lands Three (RL-3) District. Pursuant to a proposed boundary line adjustment (#PB2019-30-BLA), the size of the property is proposed to decrease to +/-96.09 acres. The property is currently improved with a one-family dwelling and a large barn (see Figure 1) . The applicant proposes to subdivide the property into three (3) residential lots as follows: • Lot 1 containing +/-89.91 acres; • Lot 2 containing +/-3.13 acres (for the existing one-family dwelling and barn); and • Lot 3 containing +/-3.05 acres. 51 NORTH PARK STREET, LEBANON, NEW HAMPSHIRE 03766 TEL: 603-448-1457 FAX: 603-442-6141 WWW.LEBANONNH.GOV STAFF MEMORANDUM #PB2019-27-MIN 571 Dartmouth College Hwy (56-3) January 13, 2020 Meeting Page 2 of 4 All three lots will continue to have frontage on NH Route 4/Dartmouth College Highway and will be served by private wells and septic system. Please note that this property was the subject of a Conditional Use Permit and Final Major Subdivision plan for a 7-lot Cluster Subdivision that was originally approved on October 22, 2012, with extension requests approved in 2014, 2016, and 2018. Pursuant to the 2018 extension approval, the applicant was required to satisfy the conditions-precedent and record the subdivision plat by October 9, 2019. The remaining conditions-precedent have not been satisfied and the plat has not been recorded. Consequently, the 2012 conditional use permit and subdivision approvals have expired. STAFF COMMENTS ASSESSING No comment at this time. BUILDING INSPECTION No comment at this time. ENGINEERING/ PUBLIC WORKS No comment at this time. FIRE No comment at this time. PLANNING: The Planning & Development Department has identified several changes that should be made to the plan in order to satisfy the submission requirements set forth in Section 9.5.A of the Subdivision Regulations. The recommended changes are listed in proposed condition of approval #1 below. 51 NORTH PARK STREET, LEBANON, NEW HAMPSHIRE 03766 TEL: 603-448-1457 FAX: 603-442-6141 WWW.LEBANONNH.GOV STAFF MEMORANDUM #PB2019-27-MIN 571 Dartmouth College Hwy (56-3) January 13, 2020 Meeting Page 3 of4 POLICE No comment at this time. ZONING The proposed lots comply with the minimum lot frontage and lot area requirements for Class 3 lots in both the RL-1 and RL-3 Districts, as set forth in §312.3 and §314.3 of the Zoning Ordinance, respectively. WAIVER REQUESTS The applicant requires waivers pursuant to Section 7.15 ("Waiver of Regulations") of the Subdivision Regulations from the following provisions of Section 9.5 ("Submission Requirements"): • Section 9.5.A.7 - plan shall depict wetlands as delineated by a Certified Wetlands Scientist, whose seal and signature shall appear on the plan • Section 9.5.C.2 - "Where private individual wastewater systems are proposed, the Applicant shall perform soil tests complying with requirements of Section 13. 4 of these Regulations. For all proposed lots less than five (5) acres in size, the Applicant shall have a soil investigation made and a report prepared to establish the existence of at least 4,000 square feet of contiguous area meeting New Hampshire Department of Environmental Services (NHDES) requirements. [. .] Maps prepared by field investigation shall be stamped by a Certified Soil Scientist." Staff has asked the applicant to either provide the required information prior to the hearing, and/or to submit an Application for Waivers for one or both of the above-referenced sections. STAFF RECOMMENDATIONS If the Board moves to approve this application, then based on the information reviewed by City staff, the Planning & Development Department recommends that the Board approve the application with the following conditions: Conditions to be Satisfied Prior to the Signing and Recording of the Plat 1. The applicant shall provide a revised plat depicting the following changes to the satisfaction of the Planning & Development Department: a. The date of the completion of the survey. (Section 9.5.A.5) b. Delineate natural features including wooded areas and fields. (Section 9.5.A. 7) c. Revise map reference 10 (the proposed boundary line adjustment, #PB2019-30-BLA) to identify date of Planning Board approval and the intent to record prior to recording the minor subdivision plat. d. Remove the building envelope from Lot 3. 2. The applicant shall provide a digital record drawing (Cad .dwg format using NH State Plane Coordinate system or an alternative approved by the City's GIS Coordinator). 51 NORTH PARK STREET, LEBANON, NEW HAMPSHIRE 03766 TEL: 603-448-1457 FAX: 603-442-6141 WWW.LEBANONNH.GOV STAFF MEMORANDUM #PB2019-27-MIN 571 Dartmouth College Hwy (56-3) January 13, 2020 Meeting Page 4 of 4 3. Subdivision approval from the New Hampshire Department of Environmental Services shall be obtained and a copy of such approval shall be provided to the Planning & Development Department. (Section 9.5.C.2) 4. Access driveways to NH Route 4 shall be approved by the New Hampshire Department of Transportation (NHDOT) and a copy of such approval shall be provided to the Planning & Development Department. (Section 9.5.C.3) General Conditions 5. Future development on the new lots shall be subject to City of Lebanon Impact Fees, pursuant to Section 213 of the Zoning Ordinance. The Impact Fee shall be calculated at the time of Building Permit issuance based on the Impact Fee Schedule adopted on August 13, 2018, and such fees shall be due and payable at the time of issuance of a Certificate of Occupancy. In accordance with RSA 674:39, the approved site plan shall be exempt from any future changes in impact fees and methodology for five years from the date of approval; however, any building permits which are issued after the end of that five-year period shall be fully subject to whatever impact fees and methodology are in effect at the time of building permit issuance. Attachments cc: Mascoma Lake Farm, LLC (via e-mail) Daniel A. Nash, PE, Advanced Geomatics & Design (via e-mail) File \\Chfs2\q\Development_Review\2019_Applications\PB2019-27-MIN_ US Route 4_Mascoma Lake Farm LLC_SS-3\Staff Comments\2020-01-0S_Staff Memo.docx 51 NORTH PARK STREET, LEBANON , NEW HAMPSHIRE 03766 TEL: 603-448-1457 FAX: 603-442-6141 WWW.LEBANONNH.GOV CITY OF LEBANON APPLICATION FOR SPECIAL EXCEPTION □ □ SITE PLAN REVIEW VARIANCE □ 9" SUBDIVISION MOTION FOR REHEARING □ □ LOT LINE ADJUSTMENT APPEAL OF AN ADMIN. DECISION □ □ OTHER ( ) PROPERTY OWNER (APPLICANT): - NAME: MASCOMA LAKE FARM LLC TEL.#: ~~ . - POBOX 1019, WATER MILL, NY 11976 MAILING ADDRESS: ~ -- E-MAIL ADDRESS: CO-APPLICANT, AGENT, OR LESSEE: . ., ! NAME: iADVANCl=D G_EOMATICS TEL.#: !603-448-6295 ·- MAILING ADDRESS: 105 BANK STREET, LEBANON , NH 03766 ! E-MAIL ADDRESS: [email protected] I PROJECT LOCATION: - ··- - TAX MAP#: LOT# : PLOT#: + ZONE: RL-1,2,3 56 l3 ·······-···· STREET ADDRESS OF PROJECT: us- Route 4, LE,BAN.9N, NH 0,376(3 .. IS THIS PROPERTY LOCATED IN THE : WETLANDS ,iYES □ NO HISTORIC DISTRICT □ YES yi NO FLOOD PLAIN □ YES ;;{NO SCOPE OF PROJECT: - ·convert existing major subdivision fo a 3 lot subdivision ; - ; - - . --- TYPE OF OCCUPANCY: EXISTING □ VACANT )1ONE FAMILY □ TWO FAMILY □ MULTI-FAMILY □ COMMERCIAL □ INDUSTRIAL PROPOSED □ VACANT~ ONE FAMILY □ TWO FAMILY □ MULTI-FAMILY □ COMMERCIAL □ INDUSTRIAL IF USE IS COMMERCIAL OR INDUSTRIAL, PLEASE NOTE SPECIFIC USE: SIGNATURE BLOCK: FOR PLANNING BOARD APPLICATIONS ONLY: I, the undersigned, hereby submit this application on the date noted below with the knowledge and understanding that the Planning Board shall det~f If the submitted application is complete according to its regulationsat its next regularly s~d meeti~ on ·12 No e ber '-' 20_19 , unless I personally request, in writing, t~t the Board delay its d~natio f mp~ter s t°if Jte.